Gutheridge v. Gutheridge
Court of Appeals of Texas
Appeal from District Court, Collingsworth County; D. E. Decker, Judge. Action between R. W. Gutheridge and others and Alice Gutheridge. From a judgment for Alice Gutheridge, R. W. Gutheridge and others appeal. On motion of Alice Guth-eridge to dismiss the appeal on account of a defect in the certificate of the clerk of the district court and for a writ of certiorari to secure a supplemental transcript.
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Appeal from District Court, Collingsworth County; D. E. Decker, Judge. Action between R. W. Gutheridge and others and Alice Gutheridge. From a judgment for Alice Gutheridge, R. W. Gutheridge and others appeal. On motion of Alice Guth-eridge to dismiss the appeal on account of a defect in the certificate of the clerk of the district court and for a writ of certiorari to secure a supplemental transcript. Certiora-ri granted, and motion sustained, with leave to appellants to correct the certificate. On subsequent motion by the appellee to dismiss the appeal and affirm the case for defects in the…
1Opinion of the CourtHuff, C. J.
[1] The appellee moves to dismiss the appeal in this ease because the certificate of the clerk of the district court does not comply with the statutes and rules. The certificate is in the following form: “I, O. L. Couch, clerk of the district court in and for Collingsworth county, Texas, hereby certify that the foregoing transcript is a true and correct copy of the proceedings had in this cause, as per order for papers filed and that the above and foregoing contains a true and correct copy of the instruments set out, as per the originals now on file with the papers in this cause.”
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2Cases cited3 opinions
- Watts v. OverstreetTexas Supreme Court · 1890
- Freeman v. Collier Racket Co.Texas Supreme Court · 1907
- St. Louis, I. M. & S. Ry. Co. v. West Bros.Court of Appeals of Texas · 1912
3Cited by6 opinions
- Garrard v. CantrellCourt of Appeals of Texas · 1921
- Glaspy v. GrubbsCourt of Appeals of Texas · 1937
- Gulf Production Co. v. KishiCourt of Appeals of Texas · 1934
- J. M. Radford Grocery Co. v. OwensCourt of Appeals of Texas · 1913
- Garrard v. CantrellCourt of Appeals of Texas · 1921
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